KEPONG — More than 11 months after her daughter was fatally stabbed at school, Wong Lee Ping is still asking a question she cannot put behind her: could the tragedy have been prevented?
The mother of 16-year-old Yap Shing Xuen said the family is planning to pursue a civil suit as the criminal case moves to the appeal stage following the Shah Alam High Court's decision to acquit the teenage accused on the grounds of unsoundness of mind.
"Our lawyers will be filing a civil suit. Until the criminal proceedings are completed, we will not comment on the details. Our lawyers will explain those matters later," Wong told a press conference today.
Asked whether the civil action would be filed after the appeal or concurrently, Wong said the family intended to proceed but had yet to determine when.
She also confirmed that the family was considering legal action against certain parties, but declined to identify them, saying the matter would be reviewed in due course.
For Wong, however, the civil action is not simply another legal avenue. Her daughter, she said, is not coming home.
"I am not here today to seek resolution in the criminal case, because my daughter is already gone.
"No matter what we do today, I will never be able to hear her call me again. I will never be able to call her home again," she said, breaking down in tears.
Wong said she remained troubled by what might have happened before the stabbing.
"If there were already some warning signs before the tragedy happened, were those warning signs seen?
"And if they were seen, did anyone actually take sufficient action?" she said.
Wong said she was not asking schools to guarantee that tragedies would never happen.
"But I hope that whenever a child shows warning signs of danger, we don't wait until another child loses their life before regretting it and asking why nobody stopped it, why nobody could stop it.
"My daughter does not have a second chance," she said.
Wong said she hoped her daughter's death could instead give other children a better chance of being protected.
"That is why I am continuing to stand here and speak today," she said.
She also questioned whether warning signs had been missed during the accused teenager's first two weeks at the school.
"For two weeks the student brought a knife to school, why didn't anyone notice this? I think it is very possible that other students knew.
"Why didn't the school teachers tell the children that if they noticed anything dangerous, or if someone brought a knife or something like that to school, they should tell a teacher?" she said.
Wong's husband, How Boon Chin, who was also at the press conference, stressed the importance of measures to prevent similar incidents in schools.
"School is supposed to be a very safe place," he said.
Yap Shing Xuen was fatally stabbed at a secondary school in Bandar Utama on Oct 14 last year.
The teenager accused of killing her, who was 14 at the time, was charged with murder at the Petaling Jaya Magistrates' Court on Oct 22.
The case subsequently went through psychiatric assessment before being transferred to the Shah Alam High Court, where the trial was conducted in camera because the accused was a minor.
A psychiatric assessment found him fit to stand trial in January. He pleaded not guilty when the murder charge was read again at the High Court on Feb 12.
The trial began on Aug 3.
On Aug 13, the High Court ordered the teenager to enter his defence after finding that the prosecution had established a prima facie case.
The defence closed its case on Aug 26 after two witnesses — the accused and a forensic psychiatrist — testified.
On Sept 14, High Court Judge Adlin Abdul Majid acquitted and discharged the teenager after finding that he was of unsound mind at the time of the offence, and ordered him to be placed at Hospital Bahagia Ulu Kinta for a period to be approved by the Sultan of Selangor.
The Attorney General's Chambers (AGC) filed a Notice of Appeal at the Court of Appeal on Sept 22, challenging the acquittal.
Kepong DAP MP Lim Lip Eng, whose office offered legal assistance to the family, said the AGC's decision to appeal showed that prosecutors were challenging the High Court's ruling.
"And to answer a few questions from the reporters whether we or the family members agree with the judgment, I think the government has answered. The government disagrees with the judgment, hence the appeal," he said.
Wong said the family was moved by the decision to appeal.
"When I heard that the AGC was appealing, I was actually very touched because I felt that someone was supporting me," she said.
She said the family would now wait for the appeal process rather than attempt to intervene in matters outside its control.
Wong also said the family had not had the opportunity to access certain documentary evidence, including government documents and the medical report.
She therefore declined to comment on some aspects of the case while the appeal was pending, saying the Court of Appeal should make its decision based on the complete evidence.
Asked whether the family was willing to meet the accused again, Wong said she had no intention of doing so.
"I don't think I will meet him again, there is no need for that," she said.
The passage of almost a year has not made the loss feel distant for Wong.
She said she had struggled to return to work after her daughter's death, continuing only because her team was still there.
"We reduced our workload. We worked more slowly and did less," she said.
"It feels as though this happened only the day before yesterday."
For much of the past year, she said, she simply wanted to rest and not think about anything.
"Just eat and sleep. The year passed like that," she added.
Wong said she had spent the year carrying out Buddhist prayers and rituals for Shing Xuen, including ceremonies marking the 49th and 100th days after her death.
She also arranged for 20,000 copies of Buddhist scriptures to be printed and distributed to temples.
But Wong said the family had to be careful about how much of the case they discussed with her other daughter.
"There are many things that I don't talk to her about too much because it would disturb her life and affect her, and it would also affect me," Wong said.
"Because in our current situation, it feels like a second trauma for us.
"So I try to avoid exposing her to these things. I only discuss important matters with her. Other things, I don't tell her too much."
Wong said she was grateful for the public support the family had received throughout the case.
"The public has really shown us a lot of care and support. I am really touched. I thank everyone and am grateful that people have shown us this support," she said.
How said the family would hold a separate press conference on the civil suit once more details were available.
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